A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 12, 2016, around 15:40, the Defendant committed assault against the body of the victim D(48 tax) by selling as elbow because he was in the process of leaving and making loans from different companies in the C Apartment Model House, Namyang-si, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act, since the defendant and his defense counsel asserted that the defendant only set up against the violence of the victim and set up a elbow.

In light of the following circumstances that are duly adopted and examined by this court, i.e., ① the victim made a consistent statement from the investigative agency to the effect that “the Defendant who had been engaged in loan business in the same model bed and the Defendant was pushed down with blue blue”, ② the E witnessing the case at the time stated in the investigative agency to the effect that “the victimized person was verbally abused, etc. from the Defendant and was pushed down with the body.” In this court, the Defendant stated to the effect that “the injured person was fighting under one’s body with one another, and the other was pushed down with each other on their back,” and the Defendant also stated in the investigative agency to the effect that “the victim was pushed down once blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue.”